Frequently Asked Questions
| 1. | WHAT IS THIS CLASS ACTION ABOUT? |
| 2. | WHAT IS THE SETTLEMENT? |
| 3. | WHO IS ELIBIGLE TO PARTICIPATE IN THE DISTRIBUTION? |
| 4. | WHY DID I GET A NOTICE WHEN I NEVER WENT TO A CAREPARTNERS CLINIC? |
| 5. | WHEN DO I HAVE TO SUBMIT MY CLAIM FORM? |
| 6. | WHAT HAPPENS IF I DO NOT SUBMIT MY CLAIM FORM BY THE CLAIM DEADLINE? |
| 7. | HOW WILL I KNOW IF MY CLAIM HAS BEEN APPROVED? |
| 8. | WHAT HAPPENS IF MY NAME IS NOT ON THE FINAL AFFECTED CLASS MEMBER LIST? |
| 9. | CAN I APPEAL IF I RECEIVE A “DISQUALIFICATION NOTICE”? |
| 10. | HOW WILL I RECEIVE MY PAYMENT? |
| 11. | WHEN CAN I EXPECT MY PAYMENT? |
| 12. | HOW MUCH COMPENSATION WILL I GET? |
| 13. | WHO AM I REPRESENTED BY? |
| 14. | WHAT IF I DO NOT WANT TO PARTICIPATE IN THE SETTLEMENT OR BE BOUND BY THE JUDGMENT APPROVING THE SETTLEMENT? (“Opt out”) |
| 15. | WHO DO I CONTACT IF I HAVE QUESTIONS? |
| Answers | |
| 1. | WHAT IS THIS CLASS ACTION ABOUT? |
| A. | The Class Action asserts claims against CarePartners arising from a cyber attack that occurred in or around June 11, 2018, in which criminal third-party cyber attackers gained unauthorized and illegal access to CarePartners’ computer systems. Some Class Members’ personal information was obtained and produced to the Canadian Broadcasting Corporation (“CBC”). |
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| 2. | WHAT IS THE SETTLEMENT? |
| A. | Under the terms of the settlement, CarePartners has paid $3.44 million, inclusive of legal fees and administrative costs, to fully and finally settle the action. In return, CarePartners has received a full and final release from the Class. |
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| 3. | WHO IS ELIBIGLE TO PARTICIPATE IN THE DISTRIBUTION? |
| A. | Only Affected Class Members who are listed in the Final Affected Class Member List will qualify to receive compensation under the Settlement. |
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| 4. | WHY DID I GET A NOTICE WHEN I NEVER WENT TO A CAREPARTNERS CLINIC? |
| A. | If you received a Notice of Certification and Settlement Approval directly by mail or email, that means that your personal information was part of the data obtained from CarePartners’ computer systems by the cyber attackers and produced to the CBC – i.e. that you are an Affected Class Member. This is not limited to only CarePartners clinic patients. It includes CarePartners employees or contractors, and people who received care from CarePartners outside of their clinics (for example, CarePartners provides home care to many patients through its partnership with Ontario Health/formerly the LHINs). |
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| 5. | WHEN DO I HAVE TO SUBMIT MY CLAIM FORM? |
| A. | Claim Forms must be received by the Claims Administrator by the Claim Deadline on January 11, 2023. |
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| 6. | WHAT HAPPENS IF I DO NOT SUBMIT MY CLAIM FORM BY THE CLAIM DEADLINE? |
| A. | The Claims Administrator shall have the absolute discretion to accept otherwise valid claim forms received within 25 days after the Claim Deadline, if the Affected Class Member provides a reasonable explanation for the delay in the submission of the claim form arising from circumstances beyond the Affected Class Member’s control. The decision of the Claims Administrator to accept or reject any late claim forms is final, and shall not be subject to review or appeal. |
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| 7. | HOW WILL I KNOW IF MY CLAIM HAS BEEN APPROVED? |
| A. | The Claims Administrator will determine if a Claimant is entitled to receive part of the settlement funds based on criteria set out in the settlement agreement, which includes a list of “Final Affected Class Members”. It will update the Claimant’s claim status in the online claims administration portal. |
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| 8. | WHAT HAPPENS IF MY NAME IS NOT ON THE FINAL AFFECTED CLASS MEMBER LIST? |
| A. | The Claims Administrator will promptly provide notice to any Claimant who is not on the Final Affected Class Member List that they are not an Eligible Class Member and therefore not entitled to receive a payment under the Settlement (the “Disqualification Notice”) |
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| 9. | CAN I APPEAL IF I RECEIVE A “DISQUALIFICATION NOTICE”? |
| A. | There will be no right of appeal from the decision of the Claims Administrator with respect whether a Claimant will be entitled to receive part of the settlement funds. If the Claimant’s name is not on the Final Affected Class Member list, they are not entitled to receive part of the settlement funds. |
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| 10. | HOW WILL I RECEIVE MY PAYMENT? |
| A. | Distributions will be made by cheque following the end of the claim period. |
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| 11. | WHEN CAN I EXPECT MY PAYMENT? |
| A. | As soon as possible following the expiry of the Claims Period, inclusive of the 25-day extension, the Claims Administrator will distribute the net Settlement Funds to the Eligible Class Members on a pro rata basis. |
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| 12. | HOW MUCH COMPENSATION WILL I GET? |
| A. |
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| 13. | WHO AM I REPRESENTED BY? |
| A. | Class Counsel means the law firms of Waddell Phillips Professional Corporation, Howie Sacks and Henry LLP and Schneider Law Firm. Their contact information is below in Q. 14. |
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| 14. | WHAT IF I DO NOT WANT TO PARTICIPATE IN THE SETTLEMENT OR BE BOUND BY THE JUDGMENT APPROVING THE SETTLEMENT? (“Opt out”) |
| A. | If you fall within the class definition, and you do not wish to be included in this class action, then you can “opt out”. To opt out – send an email or letter to the Claims Administrator by no later than December 12, 2022 including your name, contact information, and a statement confirming that you wish to opt out of this action.
Trilogy Class Action Services c/o CarePartners Class Action Settlement 117 Queen Street, PO Box 1000, Niagara-on-the-Lake ON L0S 1J0 Email: |
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| 15. | WHO DO I CONTACT IF I HAVE QUESTIONS? |
| A. | If you have any questions about the administration of the settlement, Trilogy Class Action Services will be able to assist you through email at , by completing the form through the website by clicking HERE, or by calling 1‑877‑400‑1211 Monday through Friday, from 9:00am to 5:00pm, EST. |
| If you have any questions about the class proceeding, they should be addressed to Class Counsel: | |
| Howie, Sacks & Henry LLP 20 Queen Street West, Suite 3500 Toronto, ON M5H 3R3 Email: Tel: 416‑3646‑3901 Fax: 416-361-0083 Attn: CarePartners Privacy Breach Class Action Waddell Phillips PC 36 Toronto Street, Suite 1120, Toronto, ON M5C 2C5 Email: Tel: 1‑888‑684‑5545 Fax: 416-477-1657 Attn: CarePartners Privacy Breach Class Action -or- Schneider Law Firm 1120 Finch Avenue West, Suite 700 Toronto, ON M3J 3H7 Email: Tel: 416‑849‑6633 Fax: 416-514-0695 Attn: CarePartners Privacy Breach Class Action |
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